Dáil debates

Thursday, 22 April 2004

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed).

 

4:00 pm

Photo of John MoloneyJohn Moloney (Laois-Offaly, Fianna Fail)

I do not expect to have anything new or earth shattering to add to the debate. However, it is important that Members put their views on the record. I congratulate the Minister, who has once again shown his courageous attitude and style. Not alone has it been obvious to the Government that the legislation needed to be brought forward, but it has also been obvious to many observers outside the political arena.

In the context of the debate, every day has been a learning process. I heard a radio interview this morning with the masters of the maternity hospitals. It is important to reiterate that non-EU nationals are coming from EU countries where there is a high standard of maternity care. We have been accused of many things in this debate but that point alone suggests that there is a major attraction in coming to this jurisdiction. The suggestion that the Good Friday Agreement could be dismantled does not stand up to scrutiny. The British Government, which was a partner to that agreement, is also of that view.

I congratulate the Minister and the Cabinet on the decision to hold the referendum. It is important to have the referendum on a day when we go to the polls for the local and European elections. Over the years we have had numerous referenda yet no matter how important they were it was difficult to get people to vote. The more issues on offer to the electorate, the greater is the possibility of securing public interest, if not public support. As the possibility exists that we may not have a presidential election, which could have provided another opportunity on which to hold the referendum, 11 June is the best option. Many of those who are against holding the referendum in June admit that the issue needs to be addressed.

The fact that we have the most liberal citizenship regime in Europe has been frequently referred to in the debate. This is an indisputable fact. In order to become an EU citizen, the easiest and simplest option is to become an Irish citizen. In some cases Irish citizenship has been cheapened into becoming a mere route to EU citizenship and the residency rights associated with that. This reflects badly not only on those who choose that course of action but also on Irish citizenship as a whole. Being Irish should be more than just a mere accident of birth. I accept that some of the proudest and most dedicated Irish men and women were born outside the State. However, we should not present the right to such a precious distinction, to what may be our most precious honour, to people who merely happen to be born in the confines of the State. The right to be Irish should be based on something more than the ability to hop on a plane and come here to give birth.

While matters of principle are at stake, there are also practical considerations. Some speakers appeared to consider the contribution of the Minister for Health and Children, Deputy Martin, to the debate as some kind of ploy. It is important that we take what he said into account. He outlined why our citizenship laws have become a health issue. We have often heard this on the ground in the context of our local maternity hospitals. Unfortunately, the fact remains that some women in the latter stages of pregnancy are coming here with the sole intention of giving birth to a child in this jurisdiction. However, as soon as someone says that at a public meeting, he or she is accused of being racist. Those who make that allegation close their ears to the facts. The status quo has resulted in these women being allowed to remain in this country. Such a practice puts the health of both mother and child in jeopardy, which is a cause of great concern. This matter needs to be addressed. Women are going into labour during flights to the country. Others are being rushed to a strange hospital having been in the country for only days or hours. While I am not sure such an event has taken place, it is possible that births have occurred on board aircraft on which personnel have neither the training nor the appropriate materials to deal with such circumstances.

We must address the issue of undue risk to the health of these mothers and children. Apart from mothers who can afford to enter the country by such means, others risk their health and that of their unborn children by opting for other methods to enter the country, some of which pose dangers to the health of the fittest of people, not to mention heavily pregnant women and their unborn children. Some women will continue to regard the reward as worth the risk and, until we remove the carrot of citizenship, they will continue to gamble with their lives.

It is not only the health of the women in question that is affected. Maternity services are coming under increasing pressure, which must jeopardise the health of those who already hold citizenship. Unannounced and unexpected births to non-nationals are putting additional pressure on hospitals and their staff and exacerbating problems in maternity services. I have encountered this problem in my capacity as a member of the Midland Health Board.

I will repeat some of the figures already placed in the public domain because they are accurate. In 2003, almost 60% of female asylum seekers aged 16 years and over who applied to the Office of the Refugee Applications Commissioner were pregnant. In the same year, 32% of births in Dublin's major maternity hospitals were to parents without Irish citizenship, an increase from 28% the previous year. These statistics show that the problem facing maternity services is significant and growing, as reflected in the position outlined by the masters of the maternity hospitals at their meeting with the Minister.

As well as citizenship, the prize for many of the people taking such risks include the benefits available in this country. By becoming an Irish citizen and, consequently, a citizen of the European Union, some of the people in question are unfortunately cherry-picking the benefits that become available. Effectively, they are moving from one EU country to another to reap the best possible benefits. This is not the reason benefits were introduced and we should take action to prevent this practice. The easiest and least complicated way to do so is to regulate who becomes an Irish and EU citizen.

The strongest criticism of the referendum has been its timing. It has been suggested that holding it on the same day as local elections does not allow sufficient time for a proper debate. The decision to hold it was taken on 10 March, more than three months before the referendum on 11 June. Why should the referendum not be held on the same day as the local and European elections? Surely we want as many people as possible to vote. I have already made the point that holding a referendum on its own would result in a poor turnout, whereas holding an election simultaneously tends to increase voter turnout.

Nor do I agree with the argument that the referendum would be a lesser election issue during a presidential election than a local election. The former are generally devoid of issues because the President has no real law-making or governing power. With far fewer candidates standing, a presidential election poses the danger that a personal opinion on this issue could be used to decide the result. This is increasingly likely given the intense media scrutiny candidates receive. With far more candidates standing in the European and local elections, individuals will not receive anywhere near the same level of media attention as presidential candidates. In addition, more issues will be debated during the local and European election campaigns. Holding the referendum on 11 June is not, therefore, a negative decision.

I have been surprised by comments made by members of the Nationalist community in the North to the effect that the decision has helped further the DUP agenda to have the Good Friday Agreement renegotiated. I find this the most interesting criticism of all. The facts, however, are somewhat different. The Government discussed the legislation with the British Government which has no qualms with the proposal. This significant element in this debate has been overlooked at times. The passing of the referendum will not have any practical effects on the citizens of Northern Ireland. Nor will it prevent members of the Unionist tradition from receiving Irish citizenship if they were to pursue that option. It is staggering that members of the Opposition and the Nationalist community do not recognise that they are being manipulated by a DUP agenda.

It is noticeable that every time the Government introduces a measure which would be regarded as popular by the vast majority of the public, it is accused of making a political move. The irony that such accusations are nothing other than political moves is apparently lost on those who make them. This legislation is necessary and beneficial and has the support of the vast majority of the people.

I compliment the Government on its decision to abolish the investment based citizenship scheme. To paraphrase an advertisement for a well-known credit card, to be an Irish citizen is priceless. As Deputies will agree, it is an honour to be an Irish citizen and the privilege should not be for sale. Citizenship is a matter of great pride to most Irish men and women and we should not cheapen it.

I congratulate the Minister on taking the opportunity to address this issue, a cause of concern to many people. The legislation the Government will introduce if the referendum is passed will protect Irish citizenship and its status and honour. To paraphrase the credit card advertisement again, Irish citizens should know exactly what it means to be Irish. I am glad to have participated in the debate and register my support for the Bill.

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